International Trade Law

International Trade Law
International trade law includes rules and habits in handling trade between countries or between private companies across borders. Over the past 20 years, international trade law became one of the fields of international law that has developed most rapidly.

International trade is a trade carried on by a resident of a country with a population of other countries on the basis of mutual agreement. Population in question can be interpersonal (individual to individual), between individuals and the government of a country or government suatunegara with other governments. In many countries, international trade became one of the main factors to increase the GDP. Although international trade has occurred for thousands of years (see Silk Road, Amber Road), its impact on economic, social, political and newly perceived several decades. International trade also helped encourage industrialization, transportation advances, globalization and multinational kehadiranperusahaan.

Review
International trade law must be distinguished from the field of international economic law more broadly. International trade law can be said to encompass not only the law of the World Trade Organization (WTO), but also the laws which regulate the international monetary system and currency regulations, in addition to the development of international law.

Body that regulates trade between countries in the 21st century comes from the trade laws in the mid-called lex mertacora (for the traders on land law) and maritime lex (the law for traders in the ocean). Modern trade law (which extends beyond bilateral treaties) shall come into force shortly after the end of World War II, the multilateral treaty negotiations

to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT)
International trade law is based on theories of economic freedom that developed in Europe and then in the United States since the 18th century.


World Trade Organization (WTO)
In 1995, the WTO, an international organization authorized to regulate commerce, was established. Establishment of this organization is the most important events in the history of international trade law.


Objectives and organizational structure is governed by the Treaty of Establishment of the World Trade Organization, which is also known as the "Marrakesh Agreement". This agreement does not set definite rules governing trade in certain areas. This is evident from the data contained in separate treaties, which are attached to the Marrakesh Agreement.


Trade in Goods
GATT has been the backbone of international trade law for most of the 20th century. GATT contains rules relating to trade practices "unfair" as dumping and subsidies.


Trade and Human Rights
World Trade Organization Agreement Related to Intellectual Property Rights (TRIPS) requires that the countries that signed notice of intellectual property rights (also called intellectual monopoly rights). Agreements often leading to this dispute have a negative impact on access to medicines is very important in some countries.


Settlement of Disputes
Since there is no international judges (2004), then the ways to resolve the dispute determined by the jurisdiction. International trade disputes settled by each country and the citizens determine jurisdiction under Clause Forum (venue dispute resolution) contained in the contract.
In addition, other factors in international disputes is the exchange rate.


Given currency fluctuations from year to year, the absence of the Commerce Clause can jeopardize trade between the parties (the agreement) when one party unjustly enrich themselves through natural market fluctuations. By mentioning the exchange rate is expected to occur during the life of the agreement, the parties can monitor the changes in the market through a review of the agreement or the distribution of exchange rate fluctuations.


BENEFITS OF INTERNATIONAL TRADE
According Sadono Sukirno, the benefits of international trade are as follows.
 Getting the goods that can not be produced in their own country
Many factors influence the differences in production in each country. Those factors include: condition of geography, climate, level of mastery of science and technology and others. With the existence of international trade, each country is able to meet the needs that are not domestically produced.
 Gaining the benefits of specialization
The primary reason is the foreign trade activities for a profit is realized by specialization. Although a country can produce a product the same kind as those produced by other countries, but they can sometimes be better if the country is importing goods from abroad.
 Expand the market and increase profits
Sometimes, employers do not run the machines (production tools) to the maximum because they fear an over-production, which lead to lower their hargaproduk. With the existence of international trade, entrepreneurs can run the machines to the maximum, and sell the excess product is out of the country.

 Transfer of modern technology
Foreign trade allows a country to learn a more efficient production techniques and management methods are more modern.

International trade is not only beneficial to the economy alone. Benefits in other areas in the age of globalization also increasingly felt. Fields that include political, social, security and defense. In economics, international trade was all the country to meet the needs of its people. State can be likened to a human, no human being bisahidup own, without help from others. So also with the state, no state yangbisa survive without cooperation with other countries. Countries formerly closed to international trade, is now opening its markets. For example, Russia, China, and Vietnam. International trade also has a social function. For example, when the price is very high bahanpangan world. Rice-producing countries try to export it. In addition to profit, exports here as well as social functioning.

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